7-9-3: ABATEMENT PROCEDURES:
   A.   Notice To Abate:
      1.   Private Property: Whenever such public nuisance exists in the Village in violation hereof, the Village and/or its agents shall give not less than seven (7) days' notice to the owner of the real property, the occupant or lessee, if any, of the premises whereon such public nuisance exists to abate or remove the same, stating the nature of the public nuisance on private property and that it must be removed and abated within seven (7) days and further that a request for a hearing must be made before expiration of said seven (7) day period by the aggrieved person, such notice to be mailed, by certified or registered mail and by regular mail, to the owner, the occupant or the lessee of the private premises whereupon such public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than seven (7) days from the date of such return.
      2.   Public Property: Whenever such public nuisance exists in the Village in violation hereof, the Village and/or its agents shall give not less than seven (7) days' notice, stating the nature of the public nuisance on the public property or on a public right- of-way and that it must be removed and abated within seven (7) days and further that a request for a hearing must be made before expiration of said seven (7) day period, such notice to be mailed, by certified or registered mail to the owner, the occupant or the lessee of the public premises or to the owner, the occupant or the lessee of the premises adjacent to the public right-of-way whereupon such public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than seven (7) days from the date of said return.
   B.   Hearing: If a public hearing is requested within seven (7) days after service of notice to abate the public nuisance to the owner, the occupant or the lessee of the public or private premises upon which the inoperable vehicle is located, said public hearing will be held before a person designated by the Village Board of Trustees. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, the correct identification number and license number of the vehicle, if available.
   C.   Removal With Permission Of Owner Or Occupant: If, within seven (7) days after receipt of notice from the Village and/or its agents to abate the nuisance as herein provided, the owner, the occupant or lessee of the premises shall give written permission to the Village for removal of the inoperable motor vehicle from the premises, the removal shall be at the expense of said owner. The giving of permission shall be considered compliance with the provisions of this chapter. (1977 Code §
   D.   Failure To Abate; Disposal Of Vehicles: If the public nuisance is not abated by the owner, occupant or lessee after notice is given in accordance with this chapter, official action shall be taken by the Village to abate the nuisance. Inoperable vehicles or parts thereof may be disposed of by removal to a scrapyard or demolishers for processing as scrap or salvage.
   E.   Summary Abatement: Nothing in this chapter shall affect statutes or ordinances that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic 1 . (1977 Code § 10-2-8)

 

Notes

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1. See chapter 10, article A of this title.